MBNA with Eversheds - Advice Needed

[skintlondon]

Well here goes! I had an MBNA account for a number of years. I started to miss repayments and started getting all sorts of harassment calls including at work. The work ones were particularly good as they would phone colleagues and leave messages with them to say that they were trying to contact me. Total harrassment I know and I wish I had done something at the time!

 

The account eventually defaulted and they appointed Eversheds to 2deal" with me. CCJ placed against me. Eversheds then started calling me at work and allow they were polite, they said that unless I agreed a payment plan they were going to apply to the court to be allowed to seek my employer to make deductions at source. I would loose my job if that happened.

 

I agreed to repayments of £250 per month and having been paying for almost a year now. My question is, am I still in a position to challenge things?

 

My thoughts (after reading this excellent forum) were to issue a CCA request to Eversheds and see what they sent through. I know from the site how to do this. If I find the agreement isn't in order, what do i do next?

 

I also considered a Subject Access Request. Any help and advice gratefully received!

 

Skintlondon

[MARTIN3030]

Is this a Credit Card ?

Worth doing a SAR to get copy statements.

[cerberusalert]

What did the CCJ state with regards to repayments?

[harrassed senior]

Unfortunately the CCA route is not possible once a CCJ is obtained, so unless their are grounds for a set aside of the CCJ other routes have to be followed.

 

What is the amount ordered on the CCJ for monthly payments, as this could be challenged by you if it is too high.

 

Who obtained the CCJ the Original Creditor or Eversheds?

 

You should complain to the OFT and Trading Standards with regard to the telephone calls at work:

 

Consumer Direct

[skintlondon]

Wow! So much advice so quickly. Thanks. The CCJ was for £16k and no repayment amounts were mentioned (I put my head in the sand and didn't take any action at the time). From memory, Eversheds obtained teh CCJ in the name of MBNA and I am making payments to Eversheds.

[skintlondon]

Apologies, I must look like an idiot! Eversheds client is Arrow Global Limited.

 

In order to apply for a set aside, what do I need to do?

 

If I do a subject access request on them, is that a good start? I guess that within that I am looking for evidence of a valid agreement under CCA rules?

 

Help please!

 

Thanks, Skint

[harrassed senior]

As already said, the CCA route is now out of the question once a CCJ is in existence.

 

If the CCJ was granted with no amounts agreed, then it must have been for the full amount within 28 days?

 

You will need to make an application to the Court to have this re-assessed so that you can get a legally agreed amount of payments made.

 

The Judge will then decide what you can afford, he is the only person that can be entitled to your I & E.